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Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 2, Subchapter C, Administrative Penalties, ?2.302 Administrative Penalty Process; an order proposing new 10 TAC Chapter 2, Subchapter C, Administrative Penalties, ?2.302 Administrative Penalty Process; and directing their publication for public comment in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Tex. Gov't Code ?2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, pursuant to Tex. Gov't Code ?2306.041, the Department is authorized to impose an administrative penalty on a person who violates the statute, or a rule or order adopted under the statute;
WHEREAS, pursuant to Tex. Gov't Code ?2306.042, the amount of an administrative penalty may not exceed $1,000.00 per violation per day, and the Department is required to adopt an administrative penalty schedule;
WHEREAS, the current administrative penalty schedule adopted by the Department at Figure 2 of 10 TAC ?2.302(k) did not account for circumstances in which extended elevator outage periods would result in an affected building failing to have an accessible route due to owners failing to repair nonfunctional elevator(s) outside of a periodic TDHCA inspection;
WHEREAS, the Department proposes adding a maximum potential administrative penalty of $1,000.00 plus $2,500.00 per week, beginning on the corrective action deadline, if all elevators in a building are non-operational, reflecting the seriousness of this violation;
WHEREAS, staff has therefore drafted a revision of the current rule on this subject, which upon Board approval will be released for public comment and returned to the Board for adoption at a subsequent Board meeting.
NOW, therefore, it is hereby
RESOLVED,
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BACKGROUND
Tex. Gov't Code ?2306.053 provides for the Department to ad...
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